Erwin v. Hines

The defendant in error Johnnie Hines, one of the tenants in common of 160 acres of land owned by him and several other tenants, in common, brought an action to partition said real property together with other lands not involved in this appeal. The petition prayed for a partition of surface rights only. There is an oil and gas lease with seven producing wells on the 160 acres involved in this appeal. All of the defendants who filed an answer joined in the application to partition except the defendants P. D. Erwin and Marie Fite Erwin. The defendants in error with the defendant in error Johnnie…